There are a number of ways that an undocumented immigrant can come into ICE custody. For instance, you may be arrested during a workplace raid. Or, you may be arrested at your home. Keep in mind that if an immigration officer comes to your home, you do not have to let the officer in unless he or she has a warrant. Because of their enforcement priorities and limited resources, ICE officers are more likely to look for you in your home if you have been convicted of a crime.
Additionally, the initial arrest of an undocumented immigrant may not necessarily be by ICE. You may be taken into custody by another law enforcement agency -- for example, state or local police, following a criminal arrest or even a minor traffic violation. If you are within a hundred miles of the border, be aware that officers of U.S. Customs and Border Protection (“Border Patrol”) are out there looking for undocumented immigrants as well.
After you are arrested, the police may decide to contact ICE if they believe that you are an undocumented immigrant, or ICE may contact the police if they want to interview you regarding your immigration status. This most often happens when jails input detainee information into databases shared with ICE. In such cases, ICE will file what's called a "detainer." This means that ICE cannot get to you immediately, but is asking the police or jail to hold you for an additional amount of time so that ICE can interview you at a later time to determine whether or not to place you into removal (deportation) proceedings.
Under the law, the maximum amount of additional time that you can be held on ICE's behalf is 48 hours. If ICE does not take custody of you within those 48 hours, the law says you must be released.
ICE does not always put everyone they arrest into custody. Sometimes they let people, especially parents with young children, go home. ICE will gather information about you and can still try to deport you, but at least you won’t have to spend any time in an immigration jail.
You should do whatever you can to become legal in the United states before it is too late.
Huma Kamgar, Esq.,
